Civil Action (continued)

Marginal note:Right of civil action

19(1) Any person who has made or received a radio-based telephone communication that the person believes on reasonable grounds will be or has been divulged or will be used or has been made use of contrary to subsection 9(1.1) may, in any court of competent jurisdiction, bring an action to prevent the divulgence or use of or to recover damages from the person who will divulge or has divulged or who will make use of or has made use of the radio-based telephone communication, and in any such action the court may grant any remedy, by way of injunction, damages, accounting or otherwise, as the court considers appropriate.

Marginal note:Evidence of prior proceedings

(2) In an action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under subsection 9(1.1) is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought divulged or made use of the radio-based telephone communication and any evidence given in those proceedings as to the effect of the divulgence or use on the person bringing the action is evidence thereof in the action.

Marginal note:Jurisdiction of Federal Court

(3) For the purposes of an action under subsection (1), the Federal Court is a court of competent jurisdiction.

Marginal note:Limitation

(4) An action under subsection (1) may be commenced within, but not after, three years after the conduct giving rise to the action was engaged in.

Marginal note:Remedies not affected

(5) Nothing in this section affects any other right or remedy that an aggrieved person might otherwise have.